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VIRGINIA
LEGISLATIVE REPORT - March 2005
The General Assembly of Virginia has reached the halfway point in their 2005
Session. Thus, all House bills have moved to the opposition Chamber for final
action. Senate and Senate bills have moved to the House. When a bill crosses
over to the other Chamber, they retain their original designation and number and
have the same chief patron. Committees will act on bills that have crossed over
within the next two weeks. The final weeks of the session also will focus on the
state budget and funding for public mental health services. This interim
Legislative Update is divided into sections for ease of reading.
MENTAL HEALTH ISSUES
You will recall that HB-2037 to create a Civil Admissions Advisory Council to address concerns regarding temporary detention orders passed the House. As expected, it now is in the Senate General Laws Committee where we understand some consumer organizations may try to have amendments introduced to place more consumer and family member representation on the Council. This bill was introduced by Del. Phil Hamilton (R-Newport News).
The bill to establish a standard for determining whether a person is a danger to himself or others and, therefore, in need of involuntary hospitalization, passed the House Courts of Justice Committee by a vote of 18 – 2 and now is on the House floor. This bill is HB-2110 and it was introduced by Del. Michele McQuigg (R-Prince William County) at the request of judges in her area and apparently is designed to codify court decisions on this topic. Currently, there is no standard in the law for making this determination, although most judges have used the clear and convincing standard proposed in this measure. We have heard that some people have expressed some concerns that this will result in some people not being hospitalized when they need to be. But, involuntary hospitalization is a serious issue since it deprives a person of their constitutional right to liberty, and the courts have determined that a high standard should be in place before this action is taken.
Del. Charles Carrico (R-Independence) saw his HB-2436 pass the House and go to the Senate where it will be considered in the Senate Rehabilitation and Social Services Committee. This measure would allow a prisoner who has been involuntarily hospitalized but no longer is a danger to himself or others to remain in the hospital voluntarily if the need for hospitalization is determined by a physician or clinical psychologist.
SB-714 introduced by Sen. John Edwards (D-Roanoke) passed the Senate Courts Committee and has been referred to the Senate Finance Committee since it may have a fiscal impact. This measure allows for hospitalization of a defendant in a criminal matter if the defendant is so seriously mentally ill as to be unable to care for himself. Under current law, the standard is "imminently dangerous to himself or others."
Sen. Edwards’ SB-725 was passed by indefinitely, or killed, in the Senate Finance Committee by a vote of 10 – 5. This measure would have established mental health courts of up to five jurisdictions in Virginia for nonviolent offenders with serious mental illnesses. We do understand that at least one jurisdiction has started a mental health court; it is the belief of many that no legislation is necessary to create these special courts that focus on treatment rather than punishment.
The two identical bills to designate the Department of Mental Health, Mental Retardation and Substance Abuse Services as the lead agency for suicide prevention activities across the life span now look very different.
SB-889 introduced by Sen. Bill Mims (R-Loudoun) passed the Senate as it was introduced. HB-2796 introduced by Del. Viola Baskerville (D-Richmond) was amended so that the Department of Health remains the lead agency for suicide prevention activities among young people and there is no designated agency for suicide prevention activities across the life span. The House Health, Welfare and Institutions Committee was not persuaded about the efficacy of generic, community-wide suicide prevention activities. The Senate bill now will go to the House Health, Welfare and Institutions Committee. The House bill remains on the House floor where it will be voted before the crossover deadline on Tuesday.
CHILDREN'S MENTAL HEALTH ISSUES
SJR-287 was not acted on in the Senate Rules Committee and, since the Committee has not scheduled any other meetings before the crossover deadline, we can presume this measure has failed this year. This resolution was introduced by Sen. Yvonne Miller (D-Norfolk) to create a legislative subcommittee to study the need for in-state residential treatment for troubled and at-risk youth now served in out-of-state placements.
HB-2245 introduced by Del. Rob Bell (R-Albemarle) has passed the House and is on its way to the Senate. This measure would require the Board of Juvenile Justice to develop regulations for the planning and provision of mental health and substance abuse treatment of youth who are returning to the community following confinement in a juvenile correctional center.
SUBSTANCE ABUSE MEASURES
The two bills to place a moratorium on new methadone clinics until the licensure standards can be revised to include a determination of the need for the clinic have passed the houses in which they were introduced and have crossed over. HB-1778 with Del. Terry Kilgore (R-Gate City) as the chief patron now is in the Senate Education and Health Committee; SB-753 introduced by Sen. William Wampler (R-Bristol) now is in the House where we expect it will be referred to the House Health, Welfare and Institutions Committee.
HB-2810 introduced by Del. John Cosgrove (R-Chesapeake) to create a drug treatment court in Chesapeake has passed the Senate Courts of Justice Committee and is on the Senate floor.
Sen. Yvonne Miller’s (D-Norfolk) proposed Constitutional Amendment to authorize by law the restoration of voting and other civil rights to nonviolent offenders has passed the Senate Privileges and Elections Committee by a vote of 9 – 5 and is on the Senate floor. Currently, the only way rights can be restored to those convicted of felonies is by the Governor. This measure is important to the substance abuse advocacy community because addiction sometimes results in criminal behavior and convictions that, absent the addiction, would never have happened. Following recovery and completion of all debt to society, advocates believe that there should be a predictable process to have rights restored.
LEGISLATION FOR MENTAL HEALTH PROFESSIONALS
HB-1512 introduced by Del. John Cosgrove (R-Chesapeake) has passed the House and is in the Senate Finance Committee. This measure would allow health professionals to claim a tax credit of up to $500 for 25% of the usual fee for services provided to indigent people, regardless of where the services were provided. Currently, this tax credit is available only for services provided at free clinics.
The bills recommended by the Joint Commission on Health Care designed to bring Virginia's patient record laws into compliance with the federal HIPAA provisions all have passed the houses in which they were introduced and crossed over. The House bills now will be considered in the Senate Education and Health Committee and the Senate bills will be considered in the House Health, Welfare and Institutions Committee. These bills are HB-2514, HB2515 and HB-2516 introduced by Del. John O’Bannon (R-Henrico); SB-1109 and SB-1110 introduced by Sen. Harry Blevins (R-Chesapeake); and SB-1106 introduced by Sen. Steve Martin (R-Chesterfield). Professionals will want to note that SB-1106 and HB-2514 specifically address mental health and substance abuse records.
Sen. Dick Saslaw (D-Springfield) has his changes to the Fair Business Practices Act past the Senate and in the House Commerce and Labor Committee. This measure is SB-1106. The Fair Business Practices Act governs the relationship between health care providers and insurers/HMOs. The specific changes proposed by Sen. Saslaw relate to claims payment dispute mechanisms; notification of contract changes; and bundling and downcoding procedures.
Two very different bills related to Medicaid overpayments are moving through the process. HB-1753 introduced by Del. Bill Janis (R-Goochland) removes the ability of a provider alleged to have submitted a fraudulent claim from using the processes outlined in the Administrative Process Act to resolve the dispute. This bill has passed the House and now is in the Senate Courts of Justice Committee. SB-1247 introduced by Sen. Bill Bolling (D-Hanover) requires the Director of Medical Assistance Services to issue an informal fact-finding conference decision in appeals after testimony, and services falling outside of the definition of employment for purposes of unemployment compensation.
Del. Bob Purkey (R-Virginia Beach) introduced HB-1556 to create immunity for physicians who render care without charge to indigent patients has passed the House Courts Committee and is on the House floor. This measure adds marriage and family therapists to the following Code sections that list other mental health professionals: privileged communications in civil actions, evaluation of the House floor.
Information provided by Chris Spanos in February 2005.
For GSCSW Legislative
Information contact:
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